Accountant visa inspection report, also known as 1. Financial visa 2. Financing visa 3. Visa report 4. Financial signature
Situations where a financial visa for an accountant is required by law (any one is required): If the company's capital reaches a certain amount or less than a certain amount but reaches a certain scale, its financial statements shall first be audited and certified by an accountant; the rules for the certain amount, scale and certification shall be prescribed by the central competent authority. However, it does not apply to companies that publicly issue stocks and the competent securities authority provides otherwise.
Announcement of the Ministry of Economic Affairs: Jingshangzi No. 10702425340 dated November 8, 2017. Purpose: Establishing "a certain amount and a certain scale of company capital in Article 20, Paragraph 2 of the Company Law", and since 108 of the Republic of China Effective January 1st.
Basis: Item 2 of Article 20 of the Company Law.
Announcements:
1. The term "company capital exceeding a certain amount" as mentioned in Article 20, Paragraph 2 of the Company Law refers to a company whose paid-in capital amounted to NT$30 million or more at the end of the financial reporting period, and whose financial statements, It should be checked and approved by an accountant first, and then submitted to shareholders for approval or approval by shareholders' regular meeting.
2. The term "company's capital amount not reaching a certain amount but reaching a certain scale" as mentioned in Paragraph 2 of Article 20 of the Company Law means that the paid-in capital amount does not reach NT$30 million at the end of the financial report period and meets the following requirements: One of the two companies:
(1) Net operating income of NT$100 million.
(2) The number of employees participating in labor insurance reaches 100.
3. Beginning with the fiscal year 2008, for companies that meet the requirements of the preceding point, the financial statements for the current year shall first be audited and certified by an accountant, and then submitted to shareholders for approval or approval by shareholders' regular meetings.
4. For companies whose financial statements are not on a calendar year basis, the financial reporting period whose start date falls within the 108-year period is referred to as the "108-year fiscal year" mentioned above.
5. This Announcement does not apply to companies that publicly issue stocks, unless otherwise stipulated by the competent securities authority.
Source of law: Article 20, Item 2 of the Company Law, Ministry of Economic Affairs, Republic of China, November 8, 2017 Jingshang Zi No. 10702425340 Announcement Penalties: Article 20, Item 5 of the Company Law, Article 20 of the Company Law The end of each fiscal year of the company , Business reports, financial statements, and profit distribution or loss compensation proposals shall be submitted to shareholders for approval or approval by shareholders' regular meetings.
If the company's capital reaches a certain amount or less than a certain amount but reaches a certain scale, its financial statements shall first be audited and certified by an accountant; the rules for the certain amount, scale and certification shall be prescribed by the central competent authority. However, it does not apply to companies that publicly issue stocks and the competent securities authority provides otherwise.
The provisions of Paragraph 1 of Article 29 shall apply mutatis mutandis to the appointment, dismissal, and remuneration of the accountants referred to in the preceding Paragraph.
For the form referred to in Paragraph 1, the competent authority may send personnel to check at any time or order them to report within a time limit; the regulations shall be prescribed by the central competent authority.
When the person in charge of the company violates the provisions of Paragraph 1 or Paragraph 2, a fine ranging from NT$10,000 to NT$50,000 will be imposed. When evading, hindering or refusing the inspection in the preceding paragraph or failing to declare within the time limit, a fine of NT$20,000 to NT$100,000 will be imposed.
The legal basis and penalties are the same as above.
The legal basis and penalties are the same as above.
For promissory note guarantees, financial statements audited and certified by an accountant are required by law, and if the total credit amount of the enterprise exceeds NT$30 million, an accountant's financial statement audit report should still be required. Publicly issued companies are required to submit an accountant's financial statement inspection report (long-form report) required by the Financial Supervisory Commission. The above-mentioned reports can also be obtained from the website of the Securities and Futures Market Development Foundation of the Republic of China or the Taiwan Stock Exchange Co., Ltd. Information Observatory download.
Legal basis: Article 18 of the Credit Reference Standards of the Bank Association of the Republic of China
The legal basis and penalties are the same as above.
Article 36 of the Securities and Exchange Act A company that has issued securities in accordance with this Act shall make an announcement and report to the competent authority in accordance with the following provisions, unless otherwise specified by the competent authority in special circumstances:
1. Within three months after the end of each fiscal year, announce and submit an annual financial report signed or sealed by the chairman, manager, and accounting supervisor, verified and certified by accountants, approved by the board of directors, and recognized by supervisors.
2. Within 45 days after the end of the first quarter, second quarter and third quarter of each fiscal year, the announcement and report shall be signed or stamped by the chairman, manager and accounting supervisor, and reviewed by accountants and submitted to the board of directors financial report.
3. Before the tenth day of each month, announce and report the operation status of the previous month.
Regulations governing the scope of application of the special circumstances mentioned in the preceding paragraph, announcements, reporting deadlines, and other matters to be complied with shall be prescribed by the competent authority.
If the company mentioned in Paragraph 1 has one of the following events, it shall make an announcement and report to the Competent Authority within two days of the occurrence of the fact:
1. The annual financial report recognized by the regular meeting of shareholders is inconsistent with the annual financial report announced and submitted to the competent authority.
2. The occurrence of events that have a significant impact on shareholders' equity or securities prices.
The company referred to in Paragraph 1 shall prepare an annual report and distribute it to shareholders at the general meeting of shareholders; the matters to be recorded, the principles of preparation and other matters to be complied with shall be prescribed by the competent authority.
The announcements and reporting items mentioned in Paragraphs 1 to 3 and the annual report in the preceding Paragraph, if the securities have been listed and traded on the stock exchange, should send a copy to the stock exchange; Organizations designated by the agency are available for public viewing.
During the company's reorganization period, the functions and powers of the board of directors and supervisors prescribed in Paragraph 1 shall be exercised by the reorganizers and reorganization supervisors.
The general meeting of shareholders of a company whose stocks are listed on a stock exchange or traded at a securities firm’s business place shall be held within six months after the end of each fiscal year; the proviso of Article 170, Paragraph 2 of the Company Law does not apply.
In the year when the term of directors and supervisors of a company whose shares are listed on the stock exchange or traded in securities firms expires, and the board of directors fails to convene a general meeting of shareholders to re-elect directors and supervisors in accordance with the provisions of the preceding paragraph, the competent authority may convene it within a limited period according to its authority; If the meeting is still not held, all directors and supervisors will of course be dismissed when the time limit expires.
Legal basis: Articles 36 and 37 of the Securities Exchange Law and the approval criteria for accountants to handle the audit and visa approval of financial reports of publicly issued companies, etc.
Securities firms shall, within two months after the end of each half of the fiscal year and within three months after the end of each fiscal year, make an announcement and report to the Commission, signed or sealed by the chairman, manager and accounting supervisor, and verified by an accountant , Semi-annual financial report and annual financial report approved by the board of directors and recognized by the supervisor; if the stock has been listed on the stock exchange or traded at the business place of the securities firm, it shall be handled in accordance with the provisions of Article 36 of the Securities Exchange Act.
The verification and certification of the financial report in the preceding paragraph shall be jointly handled by two or more practicing accountants from a joint accounting firm approved by the Association in accordance with the standards for the verification and certification of financial reports of publicly issued companies by accountants.
Legal basis: Article 21 of the Securities Firm Management Rules
School legal persons and private schools established by them shall complete the final accounts within four months after the end of the fiscal year, and together with their annual financial statements, they shall appoint an accountant who complies with the regulations of the legal person competent authority to verify the certification, and then report to the legal person or school competent authority for future reference.
In order to supervise the finances of legal persons and private schools established by legal persons or schools, they may dispatch personnel or appoint accountants to inspect their financial statements, financial statement inspection and certification reports, internal control, and other matters at any time.
Legal basis: Article 53 of the Law on Private Schools, Article 13 of the Implementation Measures for the Establishment of Accounting Systems of School Foundations and Private Schools (joint accounting firm with 2 members)
Penalties: Article 80 of the Private School Law
Educational legal persons whose total assets have been registered with the court amount to NT$100 million or whose total annual income exceeds NT$10 million should entrust an accountant with the financial statement to verify and approve the financial report. The accountant appointed in the preceding paragraph shall not have been punished and confirmed by public announcement within the three years before the year of the entrusted audit.
Legal basis: Article 15 of the Ministry of Education’s review of the establishment of educational affairs foundations and the key points of supervision
Accounting reports of political parties, political groups, and proposed candidates. Political parties and political groups should be signed or sealed by the person in charge or representative, and an accountant should be entrusted to check the visa; For NT$10 million, an accountant should be appointed to check the visa within 70 days after the polling day.
Legal basis: Article 21 of the Political Contribution Law
Accounting reports of political parties, political groups, and proposed candidates. Political parties and political groups should be signed or sealed by the person in charge or representative, and an accountant should be entrusted to check the visa; For NT$10 million, an accountant should be appointed to check the visa within 70 days after the polling day.
Legal basis: Article 21 of the Political Contribution Law
A multi-level marketing enterprise shall prepare the balance sheet and profit and loss statement of the previous year's pyramid sales business at its main business office before the end of May each year.
If the capital of a multi-level marketing enterprise reaches the amount stipulated in Article 20, Paragraph 2 of the Company Law, or the turnover of the pyramid sale business in the previous year exceeds the amount prescribed by the competent authority, the financial statements of the preceding paragraph shall be audited and certified by an accountant.
Legal basis: Item 2, Article 17 of the Multi-Level Marketing Management Law
The financial report of the medical juridical person shall be audited and signed by an accountant, and a letter of opinion shall be issued.
Legal basis: Article 37 of the Guidelines for the Preparation of Financial Reports for Medical Legal Persons
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